Ian Jensen died when he was hit by a truck while riding his bike.
Ian Jensen died when he was hit by a truck while riding his bike. Craig Warhurst

Driver claims privilege during cyclist death inquest

THE truck driver at the centre of an inquest into a fatal traffic incident which killed a 57-year-old cyclist has claimed privilege during an inquest into the death.

Despite the efforts of paramedics, Bundaberg man Ian Jensen died as a result of injuries suffered in the June 1 incident last year, which happened about 2.50pm on Johnston St in Avoca.

Bundaberg Regional Council concreter Christopher Tydhof was initially charged with driving without due care and attention in relation to the incident but the charge was dismissed by police prosecutors in October last year.

Yesterday Mr Tydhof was one of seven witnesses to give evidence during the Coroner's inquest.

Before answering the questions from counsel assisting the coroner, John Aberdeen, Mr Tydhof sought privilege and Magistrate David O'Connell agreed the evidence provided by Mr Tydhof could not be used in any subsequent prosecution.

Mr Tydhof told the court he did not see Mr Jensen before the collision occurred.

"Before I had a chance to do anything at all I heard a thud," he said.

"I seen the mirror move. I looked in my passenger side mirror.

"I saw the guy rolling on the ground."

Mr Tydhof said he believed the Mr Jensen's helmet hit the passenger side mirror.

The court heard Mr Jensen had left the Sugarland Tavern bottleshop and rode his bike across the road to the left-hand side of Johnston St.

Witness Helen Chester said she was impressed by how stable Mr Jensen appeared as he rode and balanced a carton of beer cans on part of the bike.

Initially she said she believed the carton was balancing on the bar between his legs but conceded it could have been on the handle bars.

Ms Chester was just one of the witnesses who saw Mr Tydhof's truck approach from behind the bike as they both travelled along Johnston St, away from Sugarland.

The court heard the incident happened where the road narrows after it widens to allow cars to past vehicles turning right into Aldi.

As the truck went past the bike Ms Chester said she lost sight of the cyclist.

"I saw beer flinging in the air. I saw the rider fall after the truck had gone past," she said.

Also giving evidence yesterday was police forensic crash investigation Acting Sergeant Andrew Powis.

It was Act Sgt Powis who recommended Mr Tydhof be charged with driving without due care and attention.

He said although he believed there was a prima facie case against Mr Tydhof, he ultimately accepted that the prosecution believed it could not prove a case beyond reasonable doubt.

Yesterday's inquest sought to determine the circumstances surrounding Mr Jensen's death, including whether a collision occurred between the council vehicle and Mr Jensen's bike, whether the police investigation was adequate, if the decision not to proceed with the prosecution was appropriate and if there is a need for further education to raise public awareness of laws regarding cyclists on the road.

In his closing address, Mr Aberdeen said his submissions were that the investigation was adequate but prosecutorial process was flawed and wrongly focussed on the actions of the cyclist in contributing to the crash rather than the truck driver.

The findings will be handed down at a later date.


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